Who Owns Lake Denton?

SEBRING - Who owns Lake Denton?

The answer, like the lake's water, appeared to be crystal clear when Highlands County commissioners closed the county boat ramp, the only public access to this popular scuba diving site, three weeks ago. It was assumed that the state, and thus the public, owns this lake.

But the lake's ownership is anything but clear cut now.

The question was raised at Tuesday's first meeting of the special eight-member citizens committee on Lake Denton, appointed by commissioners to recommend how to reopen public access and resolve conflicts between lakefront homeowners and divers, swimmers and boaters.

Paul McGehee, a Glades Electric executive serving as the committee's facilitator, noted there are many unanswered questions about ownership of the lake that have to be resolved before the committee can come up with recommendations.

Late Wednesday afternoon, the question was referred to Ross Macbeth, the county's attorney, for a legal opinion.

Erin McCarta, assistant lakes manager for the county's department of natural resources, said there's no doubt that the state controls the water in the lake.

"What people have to remember is the water that is in the lake is owned by everyone," she said. "The question is the land (below the water) and the access into the lake. That seems to be what we're getting hung up on."

One issue that has to be settled is whether Lake Denton has "meander lines," she said. Some lakes have meander lines, which set the outermost boundary of the lake and the limit of a homeowner's property rights, she explained.

Other lakes don't have meander lines. In that case, McCarta said, a lakefront property owner may own the bottom of the lake out to the midpoint of the lake. If that is the case, she said, "technically it may mean you would be trespassing if you set foot on the bottom of the lake."

Just before press time Wednesday, Highlands County Engineer Ramon Gavarrete said he received an e-mail from Fred Meyers, the county's surveyor, reporting that Lake Denton does not have meander lines.

"A lot of people have different opinions on what that means," Gavarrete said. As a result, he said, Rick Helms, the assistant county administrator, asked Macbeth "to make an official response on that issue.
"Hopefully," Gavarrete added, "we'll get that before the next meeting of the Lake Denton committee."